Legal Article (Philippine Context): What Documents Are Included in an Adultery Case Folder?

Adultery is considered a criminal offense in the Philippines, governed primarily by Article 333 of the Revised Penal Code. Under this provision, adultery is committed by a married woman who engages in sexual relations with a man other than her husband, and by the man who has carnal knowledge of her, provided he knows she is married. Because adultery is a crime against chastity, an Adultery case can only be initiated by the offended spouse—who, in most instances, must file a formal complaint.

Below is an overview of what documents are typically included in an Adultery case folder in the Philippines, along with insights on their purpose and legal significance.

1. Complaint-Affidavit (or Sworn Statement)

Description: The Complaint-Affidavit is the foundational document in an Adultery case. It is executed by the offended spouse (the husband of the allegedly adulterous wife, or vice versa if it meets the statutory criteria for Concubinage—though that is a different but related offense).
Contents:
- Allegations of the adulterous act(s).
- Detailed account of the facts surrounding the alleged offenses (dates, places, context).
- Statement that the offended spouse is filing the complaint of his/her own free will and has not pardoned or consented to the adultery.
- Signature of the offended spouse, notarized under oath.

This document formally initiates the case before the prosecutor’s office or the court. Without a validly executed complaint from the offended spouse, the State has no standing to prosecute an Adultery charge.

2. Marriage Certificate

Purpose: To establish the legitimate marital relationship between the complainant (offended spouse) and the accused spouse. The marriage certificate is an essential piece of evidence to prove that a valid marriage existed at the time of the alleged offense.
Source: Typically obtained from the Philippine Statistics Authority (PSA) or the Local Civil Registrar where the marriage was registered.

3. Evidence of Adulterous Acts

Given that adultery requires proof of sexual intercourse (or at least strong circumstantial evidence leading to a conclusion of an adulterous relationship), documents or materials supporting this claim are critical:

Photographs or Videos
- Any images, video recordings, or CCTV footage showing the accused wife and alleged paramour together in circumstances strongly suggesting sexual intimacy or cohabitation may be included.
- Must be authenticated and have a clear chain of custody to be admissible in court.
Text Messages, Emails, or Social Media Exchanges
- These can serve as circumstantial evidence, especially if the content strongly indicates an extramarital relationship.
- Must be carefully presented, with proper digital forensics or screenshots showing dates, parties involved, and the messages exchanged.
Hotel or Lodging Records
- Receipts, guest logs, or other hotel documents showing that the accused parties checked in together.
- Must be corroborated by other evidence (e.g., witness statements or documentary proof of payments).
Witness Affidavits
- Friends, neighbors, or other individuals who observed the adulterous relationship or acts (e.g., consistent overnight stays, public displays suggestive of an affair) often provide written, sworn statements.
- Each affidavit must be notarized and contain the witness’s personal knowledge of the facts.

4. Offended Spouse’s Statement on Non-Condonation or Non-Pardon

Purpose: Philippine law requires that the offended spouse has neither consented to nor pardoned the adulterous act.
Contents: A brief but clear declaration that the complainant has not forgiven the accused spouse for the alleged adultery, nor has he or she consented to it in any way.
Significance: If the offended spouse is found to have forgiven or consented to the adulterous relationship, it can bar the filing or continuation of the Adultery case.

5. Supporting Documents for Identification and Circumstances

Valid IDs of the complainant and any witnesses to confirm identities and prove that sworn statements are from the actual parties.
Residence Certificates or Barangay Certifications (if needed) to establish local jurisdiction or confirm addresses.
Birth Certificates of Children (if relevant) to show additional context (for instance, if the offended spouse needs to prove paternity or a timeline indicating a child might be a product of the extramarital affair).

6. Police or Investigation Reports

Description: If local law enforcement or the National Bureau of Investigation (NBI) conducted any fact-finding prior to filing the complaint, their reports may be included.
Contents: Summaries of evidence gathered, interviews with the parties or witnesses, and recommendations for prosecution (if any).

7. Other Relevant Documents

Depending on the complexity of the case, additional documents may be compiled to strengthen the complaint:

Communications with the Accused
- Letters, emails, or other direct admissions (if any) of wrongdoing.
Statements from Family Members
- If the adulterous act was discovered through close family observations (e.g., children who noticed suspicious behavior, in-laws who witnessed visits), their statements could be included as supplemental evidence.
Receipts, Bills, Financial Documents
- Any proof that shows the accused parties spending substantial time together—utility bills, leasing contracts, or travel tickets in both their names—can further support the allegations.

8. Summary of the Prosecutor’s Evaluation (Eventually)

While not technically part of the initial “case folder” prepared by the offended spouse, the prosecutor’s office will usually attach a resolution or recommendation after preliminary investigation.
This includes the prosecutor’s findings on probable cause and a recommendation on whether the case should proceed to trial.

Practical Considerations

Strict Requirement for Personal Filing
- Only the offended spouse can file the case. If the offended spouse dies or withdraws the complaint, the case generally cannot proceed.
Burden of Proof
- The prosecution must prove the element of sexual intercourse between the accused parties. This is often proven through circumstantial evidence (e.g., repeated visits, confessions, communications).
Relevance of Pardoning and Consent
- If the offended spouse had previously forgiven the adulterous act, no subsequent prosecution is typically allowed. Written or implied pardons (continued cohabitation, for instance) can be a strong defense against an adultery charge.
Privacy Concerns
- Given the sensitive nature of adultery cases, the documents included often contain highly personal information. Caution must be exercised to protect the identities and dignity of all parties, especially if children are involved.
Legal Counsel
- Engaging a lawyer is crucial for preparing a complete, admissible, and persuasive set of documents. An attorney ensures all documents comply with the Rules of Court and evidentiary standards.

Conclusion

An Adultery case folder in the Philippines typically includes a Complaint-Affidavit, marriage certificate, and substantial evidence of the adulterous acts (photos, communications, hotel records, witness affidavits), among other supporting documents. Each piece of evidence must be authentic, relevant, and presented according to legal protocols. Because adultery remains a personal offense (subject to strict rules on who can file the complaint and how it must be maintained), organizing a well-documented case folder is vital to meeting the legal burden of proof.

Disclaimer: This article is intended for general informational purposes only and does not constitute legal advice. If you are involved in an actual or potential Adultery case, consult a qualified attorney in the Philippines to obtain guidance tailored to your specific circumstances.